Friday, July 1, 2016

Today, the New Mexico Supreme Court upheld a criminal statute prohibiting "assisting suicide" as constitutional when applied to "physician aid in dying," meaning physician-assisted suicide. The 5-0 decision states in part:

[W]e agree with the legitimate concern that recognizing a right to physician aid in dying will lead to voluntary or involuntary euthanasia because if it is a right, it must be made available to everyone, even when a duly appointed surrogate makes the decision, and even when the patient is unable to self-administer the life-ending medication. . . .

[The] statute is neither unconstitutional or its face nor as it is applied to Petitioners. . . . [W]e reverse the district court's contrary conclusion and remand to the district court for proceedings consistent with this opinion. (Emphasis added). [pp. 31 & 57]